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MATTER OF DONATO v. GOORD

278 A.D.2d 641 (2000)

719 N.Y.S.2d 130

In the Matter of DAVID DONATO, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 14, 2000.

The detailed misbehavior report indicating that petitioner's urine twice tested positive for cannabinoids constitutes substantial evidence to support the finding that petitioner was guilty of using a controlled substance (see, Matter of Kussius v Walker, 247 A.D.2d 911). The test documents attached to the misbehavior report establish the necessary chain of custody and proper foundation for reliance on the test results (see, Matter...

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